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    Pre Trial Brief Unlawful Detainer

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    Jom Ilao
    1. Christopher Ramos filed an ejectment case against Efren Antoni for unlawfully occupying a 1.9 hectare parcel of land in Alangalang, Leyte that Ramos owns. Ramos had leased the land to Antoni for five years in 2002 for cockfighting, but Antoni refused to vacate after the lease expired. 2. Ramos is seeking the court to order Antoni's eviction from the property and payment of 200,000 pesos for lost income from the land during Antoni's unlawful occupation. 3. The pre-trial brief outlines the facts of the case, evidence and documents to be presented, applicable laws, and a

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    Pre Trial Brief Unlawful Detainer

    Uploaded by

    Jom Ilao
    2K views3 pages
    1. Christopher Ramos filed an ejectment case against Efren Antoni for unlawfully occupying a 1.9 hectare parcel of land in Alangalang, Leyte that Ramos owns. Ramos had leased the land to Antoni for five years in 2002 for cockfighting, but Antoni refused to vacate after the lease expired. 2. Ramos is seeking the court to order Antoni's eviction from the property and payment of 200,000 pesos for lost income from the land during Antoni's unlawful occupation. 3. The pre-trial brief outlines the facts of the case, evidence and documents to be presented, applicable laws, and a

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    Sample for a Pre-trial Brief for Unlawful Detainer

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    1. Christopher Ramos filed an ejectment case against Efren Antoni for unlawfully occupying a 1.9 hectare parcel of land in Alangalang, Leyte that Ramos owns. Ramos had leased the land to Antoni for five years in 2002 for cockfighting, but Antoni refused to vacate after the lease expired. 2. Ramos is seeking the court to order Antoni's eviction from the property and payment of 200,000 pesos for lost income from the land during Antoni's unlawful occupation. 3. The pre-trial brief outlines the facts of the case, evidence and documents to be presented, applicable laws, and a

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views3 pages

    Pre Trial Brief Unlawful Detainer

    Uploaded by

    Jom Ilao
    1. Christopher Ramos filed an ejectment case against Efren Antoni for unlawfully occupying a 1.9 hectare parcel of land in Alangalang, Leyte that Ramos owns. Ramos had leased the land to Antoni for five years in 2002 for cockfighting, but Antoni refused to vacate after the lease expired. 2. Ramos is seeking the court to order Antoni's eviction from the property and payment of 200,000 pesos for lost income from the land during Antoni's unlawful occupation. 3. The pre-trial brief outlines the facts of the case, evidence and documents to be presented, applicable laws, and a

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Republic of the Philippines

    SUPREME COURT
    Eighth (8th) Judicial Region
    Municipal Trial Court
    Alangalang, Leyte 6517

    CHRISTOPHER RAMOS, CIVIL CASE NO. 6969


    Plaintiff, FOR: EJECTMENT (UNLAWFUL
    DETAINER) UNDER RULE 70
    -versus- OF THE RULES OF COURT

    EFREN ANTONI,
    Defendant.
    x-------------------------------------------x

    PRE-TRIAL BRIEF
    Plaintiff, thru the undersigned counsel unto this Honorable Court,
    respectfully submits this pre-trial brief as follows:

    I. STATEMENT OF FACTS AND CASE


    This is a complaint against defendant involving a parcel of land
    located in Barangay P. Barrantes, Alangalang, Leyte (as per Tax
    Declaration No. 917-168-8760). Christopher Ramos is the owner of
    said land with an area of 19,390 square meters or approximately 1.9
    hectares as covered by TCT No. 69-741 with an assessed value of
    Fifteen Thousand Pesos (Php 15,000.00).
    In February 4, 2002, the plaintiff to this case came up with a
    Lease Contract Agreement valid for five (5) years with the defendant
    Efren Antoni for the use of the land as breeding and conditioning
    area/ground for defendant’s fighting cocks.
    That after the lapse of said contract agreement and the five (5)
    year agreed period, defendant refused to vacate the aforementioned
    land.
    The continuing failure and refusal of the defendant to vacate the
    subject land notwithstanding the fact that plaintiff’s repeated demands,
    compels the plaintiffs to file this case against defendant;

    II. ADMITTED FACTS


    All allegations indicated in the pleadings submitted by the
    plaintiff.
    1
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    III. PROPOSED STIPULATIONS OF FACTS
    As provided under Rule 26 of the Rule on Civil Procedure,
    Plaintiff requests defendant to admit the genuineness and due
    execution of the following documents within fifteen (15) days after
    service thereof, otherwise each of the following documents shall be
    deemed admitted:
    3.1 Tax Declaration No. 917-168-8760;
    3.2 Transfer Certificate of Title No. TCT No. 69-74;
    3.3 Lease Contract Agreement;
    3.4 Formal Demand Letter;
    3.5 Barangay Certification to File Action;
    Plaintiff also proposed to stipulate on the following facts that he
    was deprived of the useful benefits and fruits of his property which if
    quantified would amount to PHP 200,000.00.

    IV. PROPOSED ISSUES TO BE RESOLVED


    1. Whether or not the defendant is unlawfully in possession of the
    real property.
    2. Whether the plaintiff is entitled to quantified amount lost from the
    benefits and fruits from said property.

    V. TESTIMONIAL EVIDENCE
    Plaintiff intend to present four (4) witnesses to prove plaintiff’s
    allegations and claims set forth in the complaint.

    VI. DOCUMENTARY EVIDENCE


    6.1 Tax Declaration No. 917-168-8760. (ANNEX “A”)
    6.2 Transfer Certificate of Title No. TCT No. 69-74 (ANNEX
    “B”)
    6.3 Lease Contract Agreement (ANNEX “D”)
    6.4 Formal Demand Letter (ANNEX “E”)
    6.5 Barangay Certification to File Action (ANNEX “G”)

    VII. APPLICABLE LAWS AND JURISPRUDENCE


    “Section 1. Who may institute proceedings, and when. – Subject
    to the provisions of the next succeeding section, a person deprived
    of the possession of any land or building by force, intimidation,
    threat, strategy, or stealth, or a lessor, vendor, vendee, or other
    person against whom the possession of any land or building is
    unlawfully withheld after the expiration or termination of the
    2
    Page

    right to hold possession, by virtue of any contract, express or


    implied, or the legal representatives or assigns of any lessor,
    vendor, vendee, or other person, may, at any time within one (1)
    year after such unlawful deprivation or withholding of possession,
    bring an action in the proper Municipal Trial Court against the
    person or persons unlawfully withholding or depriving of
    possession, or any person or persons claiming under them, for the
    restitution of such possession, together with damages and costs.”

    VIII. SPECIFIC TRIAL DATES


    It is respectfully requested that the trial dates be set during the
    pre-trial conference to dates most convenient to this Honorable Court
    and to all the parties.
    Respectfully submitted.
    August 15, 2007. Alangalang, Leyte

    ATTY. JOEMARL C. ILAO


    Counsel for the Plaintiff
    HAWIKAL LAW OFFICES
    Stall 11 Alangalang Public Market
    Alangalang, Leyte
    Attys. Roll No. 369741/May 10, 1999
    IBP OR No. 0114422/01/14/00/Tacloban City
    PTR No. 074741/01/03/07/Alangalang, Leyte
    MCLE Compliance No. V-00091211, 12-12-2006
    Phone No.: 09171688760
    Email: [email protected]

    Copy Furnished:

    Municipal Trial Court


    Alangalang, Leyte

    ATTY. OALI LRAMEOJ


    Counsel for the Defendant
    MOJ Law Office
    JUMAJAM Bldg. Real St.,
    Alangalang, Leyte
    3
    Page

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